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[MESSAGE JSNF-285-09]

 Incorporated Village of Asharoken

Board of Trustees

Held on Tuesday

February 7th, 2012 7:30 P.M

At Village Hall

Approximate Attendance (22)

 

Officers Present:

Patricia Irving, Mayor

Joseph Tilleli, Deputy Mayor

Joseph Catanzano, Trustee

Pam Pierce, Trustee

 

Officials & Appointees Present:

Nancy Rittenhouse, Village Clerk

Emily Hayes, Village Treasurer

Ken Savin, Village Attorney

Ray Mahdesian, Officer- in- Charge

Doug Adil, Superintendent of Buildings

Bill Raisch, Emergency Manager

Barry Bradley, Sanitation Operator

 

The Pledge of Allegiance was said.

 

Mayor Irving called the Regular meeting to order.

Proof of Publication was noted.

 

Approval of the Regular Board Meeting minutes for 1/3/2012, Trustee Catanzano made a motion to accept the minutes, seconded by Trustee Pierce.

 

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

 

Approval of the Special Meeting minutes for 1/23/2012, Trustee Pierce made a motion to accept the minutes, seconded by Trustee Catanzano.

 

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Mayor’s Report

Sea Wall Repairs: Mayor Irving noted that she has had several conversations with Congressman Steve Israel; and had a meeting scheduled to meet with him. She noted that it is her understanding that the USACE and the contactor will be included in the meeting.

 

Seawall Roadway Stabilization: Mayor Irving noted that this past month we had a heavy splash-over event due to a high tide, full moon weather condition.  The high tide conditions did require substantial clean-up of the area near the seawall on both sides of the road.  After the storm, she noted that she spoke directly to representatives of the DEC in both Albany and Stony brook.  She noted that she was able to receive necessary verbal approvals from the NYSDEC.  Village Attorney, Ken Savin discussed the details of the project to ensure compliance for the necessary clean-up.   Mayor Irving noted that she was able to secure a contractor with an operator and a pay loader to work at the site the following morning. 

Mayor Irving thanked the elected officials, appointed officials and staff who volunteered their Saturday to help with traffic control and assist with clean-up of the area.  She noted that without their assistance, it would have been much more costly for the Village.

 

Sand on the Beach: Mayor Irving met and spoke with Senator Carl Marcellino on numerous occasions this past month.  She noted that she is making great progress in communicating the need for Sand on the Beach.  The Senator has had discussions with the DEC Commissioner regarding Asharoken and stressed the need for dredging.  She noted that she has drafted a letter to the Governor and will finalize.  The Senator is assisting with this letter and supporting the sand on the beach project. She also had several follow-up calls from the DEC in Albany discussing Sand on the Beach and the condition of the sea wall. She noted that she happens to know that Sand on the Beach is being discussed directly between the Commissioner of the DEC and the Colonel.

 

Infrastructure projects in the Village this month: Mayor Irving reported that Trustee Pierce and Trustee Tilleli have been working on various projects within our Village and have kept me informed on all.  The high water tables and weather events have caused flooding within the Village and we are looking into many residents’ concerns regarding their properties.  We are reaching out to experts in these areas and researching past efforts to assist with resources to come up with some solutions.

 

Emergency Management: Mayor Irving noted that the board is working on Asharoken’s Comprehensive Emergency Management Plan.  The latest copy has been submitted by resident and volunteer Bill Raisch, Emergency Manager.  She noted that the Board has been reviewing the latest changes and we expect to adopt the plan.

 

Attended as your Mayor and Police Commissioner:  Mayor Irving attended the annual Northport Chamber Luncheon. Many elected officials were present.

She attended the celebration of Her Honor’s Re-election, Judge G. Ann Spelman.

She attended the Inaugural Ceremony for Councilwoman Susan A. Berland, Councilman Eugene Cook, Town Clerk Jo-Ann Raia and Receiver of Taxes Ester Bivona.

She had an opportunity to also speak to Congressman Steve Israel and many elected officials who were in attendance.  Asharoken does get its fair share of attention and the need for sand on the beach.

 

January Working Session - Budget 2% tax cap: Mayor Irving noted that the Board of Trustees had a scheduled working session to discuss the preliminary budget, specifically the 2% tax cap.  She also noted that the board went into executive session to discuss a police contractual matter.

 

Newsletter: Mayor Irving noted that the board’s plan is to reach out to our residents to assist with reducing taxes. She noted that it would be much more cost effective if we did not have to mail out our newsletter.  The printing, copying and postage costs have all increased. Therefore, when we send out our proposed budget plan to residents next month, we will be including a request for email addresses to send materials to home owners/residents and not mail in order to reduce expenses for the Village.

 

Budget: Mayor Irving noted that she spent much of this month reviewing the budget and discussing with each Trustee their suggestions.  Mayor Irving noted that we will be reporting on our proposed budget next month and a Public Hearing will be scheduled.

 

Trustee Reports:

Deputy Mayor Tilleli reported that he met with a few residents regarding road flooding issues.  He noted that he is working with a contractor to come up with a few solutions.  He assisted with the clean up from the storm.  He noted that the mayor was able to secure a contractor in such short notice which was beneficial to the village. He also viewed Lloyd Harbor’s improvements to their roadway.  He attended the work session on January 23rd, 2012.

Trustee Pierce reported for the month of January 2012 that she met with Frank Rovac regarding the sluice/drainage project. On January 6th she attended a meeting along with Nancy Rittenhouse, Village Clerk at Senator’s Marcellino’s office.  The Senator spoke on economic issues. On January 8th she attended the Huntington Inaugural Ceremony. On January 9th she attended the ZBA hearing.  On January 10th she attended a meeting with the NYSDEC along with Mayor Irving & Village Attorney Ken Savin.  On January 13th she documented the corner and sea wall area for future NYSDEC permits.  On January 19th she attended a FEMA meeting with Nancy Rittenhouse.  On January 19th she attended a budget meeting with Mayor Irving, Emily Hayes and Nancy Rittenhouse.  On January 20th she attended a meeting to discuss the flooding at the corner of Bevin Road along with Mayor Irving.  She attended the special work session on the proposed budget.

Trustee Catanazano reported that he attended the work session held on January 23rd, he noted that he reviewed the vouchers for the month of January and is reviewing the proposed budget for fiscal year 5/31/2013.

Village Attorney:  Ken Savin reported that he had several communications with Senator Marcellino and Congressman Israel.  He noted that he had several conversations with the NYSDEC in Albany and Stony brook regarding the clean-up by the sea wall.  He noted that he has been looking into grant possibilities for the second phase of the catch basin project.  He reported on the January 9th  ZBA hearing. He reviewed several code issues and a police issue which has been resolved.  He noted that he had discussions with NYCOM and the Comptroller office regarding the tax cap limit law.  He discussed the Verizon repair project near the sea wall.  He has reviewed the final draft of the “Emergency Management Plan”.  He noted that there was nothing new on litigation this month.

Treasurers Report: Vouchers for the month of January 2012:  Treasurer, Emily Hayes requested approval for vouchers in the amount of $40,118.29 and related budget transfers.

Motion was made by Trustee Catanzano to approve the Treasurers Report and January 2012 vouchers of $40,118.29 and related budget transfers, seconded by Deputy Mayor Tilleli.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

A second voucher was presented by Treasurer, Emily Hayes for the Town of Huntington snow removal expense in the amount of $6,512.14 for the period of 1/1/2011 to 12/31/2011.

 

Motion was made by Trustee Catanzano, approved by Roll Call:

Trustee Catanzano         AYE

Trustee Pierce                  AYE

Deputy Mayor Tilleli     AYE

Mayor Irving                     Abstain

 

Village Justice: No Report

 

Officer-in-Charge:  Ray Mahdesian reported that on January 12th flooding occurred on Asharoken Avenue at high tide due to significant splash over at the sea wall.  The police department utilized the Village Emergency Plan, when it was necessary to stop traffic for a short period of time for safety reasons. He thanked Deputy Police Commissioner Mel Ettinger for a donation for police equipment.  He noted that the department has experienced some identify theft incidents.  The department contacts the Identify Theft Bureau or detective squad.  He noted that Chief Bruckenthal sent in a letter of appreciation for the assistance Asharoken Police Department provided during the wake and services for former Northport Police Chief Robert Howard. He noted that in-service training in January was provided by Suffolk County Police Academy which involved the use of statewide police for up to date communications network. He noted that it was a safe month.

 

Sanitation Report: Barry Bradley reported that Big Blue was running well.  Trash pick-up was 21.78 tons, comingle was 2.37 tons and 3.77 tons of newspaper. 

 

Emergency Manager: Bill Raisch reported on Emergency Management Plan he noted that the plan is a starting point of how we are going to handle the emergency.  Most emergencies are handled by the first responders, police departments, etc.  He noted that the plan includes the core points that are adopted by New York State, and its emergency policies.  He noted that the plan includes risk reduction and a level of impact. He noted the basic parts to the “Emergency Management Plan” are

 

·         Identify Risks

·         Mitigate risks in advance

·         Response Team

·         Operations and financial planning support

·         Recovery Action

He presented a single page of core functions of emergency management to the trustees and noted what role the officials and volunteers could play in assisting with the overall emergency.

 

Superintendent of Buildings Report: Doug Adil reported on 8 construction inspections and had several discussions with residents involving demolitions permits, dock repairs, pre-fabricated structures, met with Mayor Irving, Trustee Pierce regarding Bevin Road corner. He met with a contractor at a site where fire-damaged occurred.      

 

Mayor Irving introduced Nancy Rittenhouse, Village Clerk and Emily Hayes, Village Treasurer to discuss the New York State “Tax Cap Limit” Law.  Both Nancy and Emily reported on the new Tax Cap law.

Resolutions:

Resolution (2012-01) Be It Resolved, that the Village Board of the Village of Asharoken, NY in regular session duly convened does hereby accept the donation from Mel Ettinger for police equipment in the amount of $900.00.

 

Motion was made by Deputy Mayor Tilleli to approve, seconded by Trustee Catanzano.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

 

Resolution (2012-02) Be It Resolved, that the Village Board of the Village of Asharoken, NY in regular session duly convened does hereby approve the scheduling of a public hearing on Monday, March 5th, 2012 to discuss the proposed Asharoken Village budget for the fiscal year ending 5/31/2013.

 

Motion was made by Mayor Irving to approve, seconded by Trustee Catanzano.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Resolution (2012-03) Be It Resolved, that the Village Board of the Village of Asharoken, NY in regular session duly convened does hereby approve in accordance with the provisions of the Election Law of the State of New York, the 2012 Annual Village Election in the Village of Asharoken shall be held on June 19th, 2012, and be it further resolved that the offices to be filled at said election and the terms thereof are as follows:

 

Mayor, two (2) years

Trustee, two (2) years

Trustee, two (2) years

 

Be it further resolved that the polling place will be held at One Asharoken Avenue, Northport, NY during the hours of 12 noon to 9:00pm.

 

Motion was made by Trustee Pierce to approve, seconded by Deputy Mayor Tilleli.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Resolution (2012-04) Be It Resolved, that the Village Board of the Village of Asharoken, NY in regular session duly convened does hereby appoint the Board of Assessment review; Mayor Patricia Irving, Deputy Mayor Tilleli, Trustee Pierce, Trustee Affrunti, and Trustee Catanzano for the purpose of reviewing any complaints regarding the 2012 assessments filed on or before Grievance Day, February 21st, 2012 and to be reviewed during the hours from 1pm to 5pm at Village Hall, One Asharoken Avenue, Northport, NY 11768.

 

Motion was made by Mayor Irving to approve, seconded by Trustee Catanzano.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Resolution (2012-05) Be It Resolved, that the Village Board of the Village of Asharoken, NY in regular session duly convened does hereby authorize the Mayor to execute a Memorandum of Understanding between the Village and United States Coast Guard Station Eaton’s Neck regarding breaches of security at the Coast Guard Station Eaton’s Neck, said Memorandum subject to review and approval by the Village Attorney.

 

Motion was made by Trustee Pierce to approve, seconded by Trustee Catanzano.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Resolution (2012-06) Be It Resolved, that the Village Board of the Village of Asharoken, NY in regular session duly convened, does hereby authorize the Mayor to sign the engagement letter authorizing Skinnon, Faber and Heck, CPA’s P.C. to perform an audit for the Village of Asharoken financial statements and the Court financials statement and furnish the NYS Update Report for the year ending 5/31/2012.  The cost of the Audit will be approximately $8800.00 and the cost of the Court Audit will be approximately $500.00.

 

Motion was made by Trustee Catanzano to approve, seconded by Deputy Mayor Tilleli.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Resolution (2012-07) WHEREAS, the Village Clerk of the Village of Asharoken delivered to this Board of Trustees the following account of all taxes remaining due and unpaid for the year 2010 & 2011, together with a description of the lands on which said taxes are unpaid:

 

Name of Owner

2010 Real Prop. Taxes

Section/Block/Lot

Taxes

Penalty

Total

Duck Pond Cove, LLC

003-02-010-001

$6865.09

$1647.62

$8512.71

Duck Pond Cove, LLC

003-02-010-004

$495.96

$119.03

$614.99

 

 

 

 

 

Total

 

$7361.05

$1766.65

$9127.70

 

Name of Owner

2011 Real Prop. Taxes

Section/Block/Lot

Taxes

Penalty

Total

Duck Pond Cove, LLC

003-02-010-001

$7058.33

$847.00

$7905.33

Duck Pond Cove, LLC

003-02-010-004

$509.92

$61.19

$571.11

Briggs, David

004-01-005

$53.68

$6.44

$60.12

Total

 

$7621.93

$914.63

$8536.56

 

NOW, THEREFORE, BE IT RESOLVED that this Board has examined said account, and compared it with the original tax rolls, and hereby certifies it to be correct.

WHEREAS, the Village Clerk by the 1st day of February, 2012 did return and file an account of unpaid taxes to this board for the year 2010 & 2011, and

WHEREAS, the Board of Trustees met at the Village Hall in the Village of Asharoken on the 23rd day of January 2012 and did examine such account and did compare it with the original tax rolls and did therefore, certify to the effect that they found it be correct,

AND WHEREAS, from the account of unpaid taxes returned by the Clerk of the Village of Asharoken, New York, to this Board for the year 2010 & 2011, the following taxes still remain due and unpaid after diligent efforts have been made to collect same, to wit;

 

Name of Owner

2010 Real Prop. Taxes

Section/Block/Lot

Taxes

Penalty

Total

Duck Pond Cove, LLC

003-02-010-001

$6865.09

$1647.62

$8512.71

Duck Pond Cove, LLC

003-02-010-004

$495.96

$119.03

$614.99

 

 

 

 

 

Total

 

$7361.05

$1766.65

$9127.70

 

Name of Owner

2011 Real Prop. Taxes

Section/Block/Lot

Taxes

Penalty

Total

Duck Pond Cove, LLC

003-02-010-001

$7058.33

$847.00

$7905.33

Duck Pond Cove, LLC

003-02-010-004

$509.92

$61.19

$571.11

Briggs, David

004-01-005

$53.68

$6.44

$60.12

Total

 

$7621.93

$914.63

$8536.56

 

NOW, THEREFORE, this Board, pursuant to Article 14 of the Real Property Tax Law of the State of New York, determines to collect the amount of such unpaid taxes levied or assessed for the year 2010 & 2011 by a tax lien sale in accordance with procedures authorized by the Board of Trustees in the manner and after the form and resolution, certified by the Clerk, shall be transmitted forthwith to the Treasurer of the Village with the account, affidavit, and certificate of such unpaid taxes and is authorized and directed to cause to be published in the official paper of the Village, once each week for three consecutive weeks, a list as shown in the tax roll, with the amount of the tax, penalties, and charges thereon, excepting there from such parcels of property on which the Village holds and owns one or more unredeemed certificates of tax sale; and also a notice  that the said real estate will, on a day subsequent to the expiration of said three weeks to be determined by said Village Clerk and specified in said notice, be sold at a place in said Village to be designated by said Village Clerk, to discharge the tax, penalties, and charges aforesaid, which may be due thereon at the time of such sale, and that the said Village Clerk, at the time and place specified in said notice, proceed with the sale of said real estate upon which such taxes are unpaid, as set forth above, and continue the same from day to day until the sale is completed.  That such real estate shall be sold subject to any unpaid assessments thereon levied by the Village of Asharoken and also subject to any unpaid tax liens purchased and held by the Village.

 

AND BE IT FURTHER RESOLVED, that in all cases where no bid shall be made on a lot or parcel of land so offered for sale for an amount sufficient to pay the said tax, penalties, and charges, the said premises shall be deemed to have been sold to and purchased by the Village of Asharoken, New York

The Village Clerk has advised that the tax sale referred to in the foregoing resolution would be held on Tuesday, March 06, 2012, at 1pm, at the Village Hall, 1 Asharoken Avenue, Northport, New York, and that publication of the list of properties to be sold would commence on or about February 16, 2012, and be it further resolved that the Village Board reserves its right to authorize and direct the Village Treasurer on behalf of the Village to reject any and all bids for parcels of lands listed in the annual tax lien sale to be held as set forth herein and, and to bid in and purchase if necessary the same for the Village.

AND BE IT FURTHER RESOLVED, that the Village Board reserves the right to withhold any and all said tax liens from sale and/or to cancel said tax lien sale.

 

Motion was made by Deputy Mayor Tilleli to waive the reading of resolution (2012-07), seconded by Mayor Irving.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Motion was made by Mayor Irving to approve, seconded by Trustee Catanzano.

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Public Session:

A resident asked about resolution (2012-05) regarding an agreement with the Coast Guard and the Village of Asharoken regarding the police boat.

A resident asked about the tax levy and how do you account for delinquent real estate taxes.

A resident inquired about the renovations to the Village Hall.

A resident asked about the area by Bevin Road and the second phase of the catch basins. He also asked about the contractors who were used for the catch basin project and the shoulder restoration project.  Mayor Irving commented that the Village used the town approved bids.

A resident inquired about the feasibility study funds and how it was reported on the budget.  Emily Hayes noted that the feasibility amount was moved from the budget because the Village does not plan on expensing that amount within a one year period.  The feasibility study funds are available in a separate account.  He also inquired about the interest earned on the delinquent taxes; the interest amount was communicated to him.  He discussed National Grid and how it was challenging the USACE regarding the permit, taken from a letter dated October 6th, 2011.

Motion was made by Trustee Pierce to close public session, seconded by Trustee Catanzano.

 

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

Mayor Irving made a motion to adjourn the meeting, seconded by Trustee Catanzano.

 

Trustee Catanzano                                         AYE

Trustee Pierce                                                  AYE

Deputy Mayor Tilleli                                     AYE

Mayor Irving                                                     AYE

Motioned Carried.

 

 

        The February 7th, 2012 meeting of the Board of Trustees was adjourned at approximately 9:15 pm.

        Signed: _____________________________________________

        Nancy Rittenhouse, Village Clerk